Judgment:
CRM-M No.20883 of 2014 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM No.M-20883 of 2014 Date of decision :
30. 06.2014 Rekha ...Petitioner Versus State of Haryana ..Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Rakesh Nehra, Advocate for the petitioner. Mr. S.S. Goripuria, DAG, Haryana for the State. **** Mehinder Singh Sullar, J.
(Oral) Petitioner-Rekha wife of late Naresh Kumar, has preferred the instant petition for the grant of concession of regular bail, in a case registered against her along with her sister Renu (main accused) and parents etc., vide FIR No.539 dated 26.11.2013, on accusation of having committed the offences punishable under Sections 306 and 120-B IPC, by the police of Police Station Palam Vihar, District Gurgaon.
2. Notice of the petition was issued to the State.
3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration over the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context. Sumit Kumar 2014.06.30 16:51 I attest to the accuracy and integrity of this document CRM-M No.20883 of 2014 -2- 4. Precisely, the prosecution claimed that marriage of petitioner was solemnized with Naresh Kumar (deceased), brother of complainant Rakesh, seven years prior to the present occurrence. It was claimed that Renu, sister of the petitioner harassed and demanded Rs.5 lacs from Naresh Kumar. The other co-accused also abused him. He was upset on account of their behaviour. On 25.11.2013, Naresh Kumar committed suicide and accused were stated to have abetted the commission of crime. Even in the suicide note (Annexure P-1), all the main allegations of harassment and demand of amount are assigned to main accused Renu (non petitioner). From the perusal of the FIR and suicide note, as to whether the penal provision of Section 306 IPC is attracted to the facts of the present case against the petitioner or not, inter alia, would be a moot point to be decided during the course of trial by the trial Court.
5. Not only that, Vidhya Devi, mother of the petitioner was granted the concession of regular bail by a Co-ordinate Bench of the Court (Naresh Kumar Sanghi J.) vide order dated 12.03.2014 in CRM-M No.7437 of 2014 (Annexure P-8) and Suresh Chander, father of the petitioner was also allowed the concession of regular bail by a Co-ordinate Bench of this Court (Tejinder Singh Dhindsa J.) by virtue of order dated 07.05.2014 in CRM-M No.12992 of 2014 (Annexure P-9). Therefore, in that eventuality, I see no reason not to extend the same benefit of regular bail to the present petitioner as well under the similar set of circumstances.
6. Moreover, the petitioner who is a young lady was arrested in this case on 27.11.2013. Since then, she is in judicial custody and no useful purpose would be served to further detain her in jail. There is no history of Sumit Kumar 2014.06.30 16:51 I attest to the accuracy and integrity of this document CRM-M No.20883 of 2014 -3- her previous involvement in any other criminal case. Since not even a single witness has yet been examined by the prosecution, so, the final conclusion of trial will naturally take a long time.
7. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail is accepted. The petitioner is ordered to be released on bail on her furnishing adequate bail and surety bonds to the satisfaction of trial Court.
8. Needless to mention that, nothing observed here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. 30.06.2014 (Mehinder Singh Sullar) sumit.k Judge Sumit Kumar 2014.06.30 16:51 I attest to the accuracy and integrity of this document